Sections
Part 2 Local Boards of Health 10-7-3
Part 3 Water, Lighting, and Sewers 10-7-4 – 10-7-14.3
Part 4 Sale or Lease of Power Plants 10-7-15 – 10-7-18
Part 5 Gifts to Railroads 10-7-19
Part 6 Contracts for Public Improvements 10-7-20.5
Part 7 Levy of Special Taxes by Cities and Towns 10-7-26 – 10-7-33
Part 11 Actions for Violations of Ordinances 10-7-65 – 10-7-76
Part 13 City Resources 10-7-79 – 10-7-86
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Terms Used In Utah Code > Title 10 > Chapter 7 - Miscellaneous Powers of Cities and Towns

  • Abandonment: means any knowing or intentional action or failure to act, including desertion, by a person acting as a caretaker for a vulnerable adult that leaves the vulnerable adult without the means or ability to obtain necessary food, clothing, shelter, or medical or other health care. See Utah Code 26B-6-201
  • Abuse: means :
         (2)(a) knowingly or intentionally:
              (2)(a)(i) attempting to cause harm;
              (2)(a)(ii) causing harm; or
              (2)(a)(iii) placing another in fear of harm;
         (2)(b) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult;
         (2)(c) emotional or psychological abuse;
         (2)(d) a sexual offense as described in Title 76, Chapter 5, Offenses Against the Individual; or
         (2)(e) deprivation of life sustaining treatment, or medical or mental health treatment, except:
              (2)(e)(i) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or
              (2)(e)(ii) when informed consent, as defined in Section 76-5-111, has been obtained. See Utah Code 26B-6-201
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • ACT team: means a mobile team of medical and mental health professionals that provides assertive community outreach treatment and, based on the individual circumstances of each case, coordinates with other medical providers and appropriate community resources. See Utah Code 26B-5-601
  • ACT team personnel: means a licensed psychiatrist or mental health therapist, or another individual, as determined by the division, who is part of an ACT team. See Utah Code 26B-5-601
  • Adjudicative proceeding: means :
         (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
         (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
  • Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
              (1)(a)(i) a practitioner or, in the practitioner's presence, by the practitioner's authorized agent; or
              (1)(a)(ii) the patient or research subject at the direction and in the presence of the practitioner. See Utah Code 58-37-2
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201
  • Adult protection case file: means a record, stored in any format, contained in a case file maintained by Adult Protective Services. See Utah Code 26B-6-201
  • Adult Protective Services: means the unit within the division responsible to investigate abuse, neglect, and exploitation of vulnerable adults and provide appropriate protective services. See Utah Code 26B-6-201
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • aged: means a person 60 years old or older. See Utah Code 26B-6-101
  • Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or practitioner but does not include a motor carrier, public warehouseman, or employee of any of them. See Utah Code 58-37-2
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Animal: means any nonhuman vertebrate life form. See Utah Code 11-46a-101
  • Animal: means a cat or dog. See Utah Code 11-46-102
  • Animal control officer: means any person employed or appointed by a county or a municipality who is authorized to investigate violations of laws and ordinances concerning animals, to issue citations in accordance with Utah law, and to take custody of animals as appropriate in the enforcement of laws and ordinances concerning animals. See Utah Code 11-46-102
  • Animal enterprise: includes an animal competition, exposition, fair, rodeo, farm, feedlot, furrier, ranch, or event intended to exhibit or advance agricultural arts and sciences. See Utah Code 11-46a-101
  • Animal shelter: includes a private humane society or private animal welfare organization. See Utah Code 11-46-102
  • Annual financial report: means a comprehensive annual financial report or similar financial report required by Section 51-2a-201. See Utah Code 11-50-102
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Area agency: means an area agency that provides services to the aged, high risk adults, or both within a planning and service area. See Utah Code 26B-6-101
  • Area agency on aging: means a public or private nonprofit agency or office designated by the division to:
         (4)(a) operate within a planning and service area of the state; and
         (4)(b) develop and implement a broad range of services for the aged in the area described in Subsection (4)(a). See Utah Code 26B-6-101
  • Area agency on high risk adults: means a public or private nonprofit agency or office designated by the division to:
         (5)(a) operate within a planning and service area of the state; and
         (5)(b) develop and implement services for high risk adults in the area described in Subsection (5)(a). See Utah Code 26B-6-101
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assertive community treatment: includes the provision of assessment and treatment plans, rehabilitation, support services, and referrals to other community resources. See Utah Code 26B-5-601
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authority: means the Utah Inland Port Authority, created in Section 11-58-201. See Utah Code 11-58-102
  • Authority: means the Point of the Mountain State Land Authority, created in Section 11-59-201. See Utah Code 11-59-102
  • Authority jurisdictional land: means land within the authority boundary delineated:
         (2)(a) in the electronic shapefile that is the electronic component of H. See Utah Code 11-58-102
  • Base taxable value: means :
         (3)(a)
              (3)(a)(i) except as provided in Subsection (3)(a)(ii), for a project area that consists of the authority jurisdictional land, the taxable value of authority jurisdictional land in calendar year 2018; and
              (3)(a)(ii) for an area described in Section Utah Code 11-58-102
  • Board: means the same as that term is defined in Section 63A-3-106. See Utah Code 11-55-102
  • Board: means the authority's governing body, created in Section 11-58-301. See Utah Code 11-58-102
  • Board: means the authority's board, created in Section 11-59-301. See Utah Code 11-59-102
  • Board: means the Board of Aging and Adult Services created in Section 26B-1-426. See Utah Code 26B-6-101
  • Board: means the Utah State Developmental Center Board created under Section 26B-1-429. See Utah Code 26B-6-401
  • Brain injury: means an acquired injury to the brain that is neurological in nature, including a cerebral vascular accident. See Utah Code 26B-6-401
  • Business plan: means a plan designed to facilitate, encourage, and bring about development of the authority jurisdictional land to achieve the goals and objectives described in Subsection 11-58-203(1), including the development and establishment of an inland port. See Utah Code 11-58-102
  • Buyback purchaser: means a person who buys a procurement item from the local government entity to which the person previously sold the procurement item. See Utah Code 11-54-102
  • Capacity to consent: means the ability of an individual to understand and communicate regarding the nature and consequences of decisions relating to the individual, and relating to the individual's property and lifestyle, including a decision to accept or refuse services. See Utah Code 26B-6-201
  • Caretaker: means a person or public institution that is entrusted with or assumes the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision, medical or other health care, resource management, or other necessities for pecuniary gain, by contract, or as a result of friendship, or who is otherwise in a position of trust and confidence with a vulnerable adult, including a relative, a household member, an attorney-in-fact, a neighbor, a person who is employed or who provides volunteer work, a court-appointed or voluntary guardian, or a person who contracts or is under court order to provide care. See Utah Code 26B-6-201
  • Cash price: means the price at which the lessor would have sold the property to the consumer for cash on the date of the rental purchase agreement. See Utah Code 15-8-3
  • Catastrophic public nuisance: means a condition on state or federal land where natural resources and biota have been managed or neglected to such an extent as to cause:
         (1)(a) the threat of a catastrophic wildfire demonstrated by:
              (1)(a)(i) stand density, basal area, or ground fuel load greater than 150% of land health standards; or
              (1)(a)(ii) an insect or disease infestation severe enough to threaten the mortality of at least 20% of the trees in the area; or
         (1)(b) a condition in the area that threatens the:
              (1)(b)(i) quantity or quality of the public water supply of a political subdivision;
              (1)(b)(ii) health, safety, or welfare of the citizens of a political subdivision;
              (1)(b)(iii) air quality of a nonattainment area; or
              (1)(b)(iv) vegetative resources required to support land health and authorized livestock grazing. See Utah Code 11-51a-102
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Chief administrative officer: means the chief administrative officer designated in accordance with Section 11-50-202. See Utah Code 11-50-102
  • Chief executive officer: means :
         (1)(a) for a municipality:
              (1)(a)(i) the mayor, if the municipality is operating under a form of municipal government other than the council-manager form of government; or
              (1)(a)(ii) the city manager, if the municipality is operating under the council-manager form of government; or
         (1)(b) for a county:
              (1)(b)(i) the chair of the county commission, if the county is operating under the county commission or expanded county commission form of government;
              (1)(b)(ii) the county executive officer, if the county is operating under the county-executive council form of government; or
              (1)(b)(iii) the county manager, if the county is operating under the council-manager form of government. See Utah Code 11-51-102
  • Chief executive officer: means :
         (2)(a) for a municipality:
              (2)(a)(i) the mayor, if the municipality is operating under a form of municipal government other than the council-manager form of government; or
              (2)(a)(ii) the city manager, if the municipality is operating under the council-manager form of government;
         (2)(b) for a county:
              (2)(b)(i) the chair of the county commission, if the county is operating under the county commission or expanded county commission form of government;
              (2)(b)(ii) the county executive officer, if the county is operating under the county-executive form of government; or
              (2)(b)(iii) the county manager, if the county is operating under the council-manager form of government. See Utah Code 11-51a-102
  • Chief financial officer: means the chief financial officer designated in accordance with Section 11-50-202. See Utah Code 11-50-102
  • City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commission: means the State Tax Commission. See Utah Code 10-1-402
  • Commission: means the Utah Behavioral Health Commission created in Section 26B-5-702. See Utah Code 26B-5-701
  • committee: means the Utah Substance Use and Mental Health Advisory Committee created in this section. See Utah Code 26B-5-801
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conservator: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
  • Consumer: means a natural person who rents personal property under a rental purchase agreement to be used primarily for personal, family, or household purposes. See Utah Code 15-8-3
  • Consummation: means the time at which a consumer becomes contractually obligated on a rental purchase agreement. See Utah Code 15-8-3
  • Consumption: means ingesting or having any measurable amount of a controlled substance in a person's body, but this Subsection (1)(c) does not include the metabolite of a controlled substance. See Utah Code 58-37-2
  • Contaminated land: means land:
         (6)(a) within a project area; and
         (6)(b) that contains hazardous materials, as defined in Section 19-6-302, hazardous substances, as defined in Section 19-6-302, or landfill material on, in, or under the land. See Utah Code 11-58-102
  • Continuing criminal enterprise: means any individual, sole proprietorship, partnership, corporation, business trust, association, or other legal entity, and any union or groups of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities created or maintained for the purpose of engaging in conduct which constitutes the commission of episodes of activity made unlawful by Chapter 37, Utah Controlled Substances Act, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, which episodes are not isolated, but have the same or similar purposes, results, participants, victims, methods of commission, or otherwise are interrelated by distinguishing characteristics. See Utah Code 58-37-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractual franchise fee: means :
         (2)(a) a fee:
              (2)(a)(i) provided for in a franchise agreement; and
              (2)(a)(ii) that is consideration for the franchise agreement; or
         (2)(b)
              (2)(b)(i) a fee similar to Subsection (2)(a); or
              (2)(b)(ii) any combination of Subsections (2)(a) and (b). See Utah Code 10-1-303
  • Control: means to add, remove, or change the placement of a drug, substance, or immediate precursor under Section 58-37-3. See Utah Code 58-37-2
  • Controlled substance: means a drug or substance:
                   (1)(f)(i)(A) included in Schedules I, II, III, IV, or V of Section 58-37-4;
                   (1)(f)(i)(B) included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act, Title II, P. See Utah Code 58-37-2
  • Controlled substance analog: means :
                   (1)(g)(i)(A) a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance listed in Schedules I and II of Section 58-37-4, a substance listed in Section Utah Code 58-37-2
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means a determination of guilt by verdict, whether jury or bench, or plea, whether guilty or no contest, for any offense proscribed by:
                   (1)(h)(i)(A) Chapter 37, Utah Controlled Substances Act;
                   (1)(h)(i)(B) Chapter 37a, Utah Drug Paraphernalia Act;
                   (1)(h)(i)(C) Chapter 37b, Imitation Controlled Substances Act;
                   (1)(h)(i)(D) Chapter 37c, Utah Controlled Substance Precursor Act; or
                   (1)(h)(i)(E) Chapter 37d, Clandestine Drug Lab Act; or
          (1)(h)(ii) for any offense under the laws of the United States and any other state which, if committed in this state, would be an offense under:
               (1)(h)(ii)(A) Chapter 37, Utah Controlled Substances Act;
               (1)(h)(ii)(B) Chapter 37a, Utah Drug Paraphernalia Act;
               (1)(h)(ii)(C) Chapter 37b, Imitation Controlled Substances Act;
               (1)(h)(ii)(D) Chapter 37c, Utah Controlled Substance Precursor Act; or
               (1)(h)(ii)(E) Chapter 37d, Clandestine Drug Lab Act. See Utah Code 58-37-2
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Counterfeit substance: means :
              (1)(i)(i) any controlled substance or container or labeling of any controlled substance that:
                   (1)(i)(i)(A) without authorization bears the trademark, trade name, or other identifying mark, imprint, number, device, or any likeness of them, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed the substance which falsely purports to be a controlled substance distributed by any other manufacturer, distributor, or dispenser; and
                   (1)(i)(i)(B) a reasonable person would believe to be a controlled substance distributed by an authorized manufacturer, distributor, or dispenser based on the appearance of the substance as described under Subsection (1)(i)(i)(A) or the appearance of the container of that controlled substance; or
              (1)(i)(ii) any substance other than under Subsection (1)(i)(i) that:
                   (1)(i)(ii)(A) is falsely represented to be any legally or illegally manufactured controlled substance; and
                   (1)(i)(ii)(B) a reasonable person would believe to be a legal or illegal controlled substance. See Utah Code 58-37-2
  • County executive: means :
         (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
         (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
         (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
  • County sheriff: means an individual elected to the office of county sheriff in the state who meets the qualifications described in Section Utah Code 11-51-102
  • County sheriff: means an individual:
         (3)(a) elected to the office of county sheriff; and
         (3)(b) who fulfills the duties described in Subsection 17-22-1. See Utah Code 11-51a-102
  • Court: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
  • customer: means the person who is obligated under a contract with a telecommunications provider to pay for telecommunications service received under the contract. See Utah Code 10-1-402
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Database: means the statewide database maintained by the division under Section 26B-6-210. See Utah Code 26B-6-201
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • delivery: means the actual, constructive, or attempted transfer of a controlled substance or a listed chemical, whether or not an agency relationship exists. See Utah Code 58-37-2
  • Department: means the Department of Commerce. See Utah Code 58-37-2
  • Dependent: A person dependent for support upon another.
  • Deteriorating disease: includes :
         (5)(a) multiple sclerosis;
         (5)(b) muscular dystrophy;
         (5)(c) Huntington's chorea;
         (5)(d) Alzheimer's disease;
         (5)(e) ataxia; or
         (5)(f) cancer. See Utah Code 26B-6-401
  • Development: means :
         (7)(a) the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including public infrastructure and improvements; and
         (7)(b) the planning of, arranging for, or participation in any of the activities listed in Subsection (7)(a). See Utah Code 11-58-102
  • Development project: means a project for the development of land within a project area. See Utah Code 11-58-102
  • Developmental center: means the Utah State Developmental Center, established in accordance with Part 5, Utah State Developmental Center. See Utah Code 26B-6-401
  • Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
  • Director: means the director appointed under Section 26B-5-103. See Utah Code 26B-5-101
  • Director: means the director of the division. See Utah Code 26B-6-101
  • Director: means the director of the Division of Services for People with Disabilities. See Utah Code 26B-6-401
  • Disability: means a severe, chronic disability that:
              (9)(a)(i) is attributable to:
                   (9)(a)(i)(A) an intellectual disability;
                   (9)(a)(i)(B) a condition that qualifies a person as a person with a related condition, as defined in Utah Code 26B-6-401
  • Dispense: means the delivery of a controlled substance by a pharmacist to an ultimate user pursuant to the lawful order or prescription of a practitioner, and includes distributing to, leaving with, giving away, or disposing of that substance as well as the packaging, labeling, or compounding necessary to prepare the substance for delivery. See Utah Code 58-37-2
  • Dispenser: means a pharmacist who dispenses a controlled substance. See Utah Code 58-37-2
  • Distribute: means to deliver other than by administering or dispensing a controlled substance or a listed chemical. See Utah Code 58-37-2
  • Distribute: means the actual, constructive, or attempted sale, transfer, delivery, or dispensing to another of an imitation controlled substance. See Utah Code 58-37b-2
  • Distribution center: means a building that is:
         (9)(a) used for the storage, sorting, and distribution of goods intended for sale; and
         (9)(b) not associated with or operated in conjunction with an adjacent manufacturing facility. See Utah Code 11-58-102
  • Distributor: means a person who distributes controlled substances. See Utah Code 58-37-2
  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-37-2
  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
  • Division: means the Division of Integrated Healthcare created in Section 26B-1-1202. See Utah Code 26B-5-101
  • Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
  • Division: means the Division of Services for People with Disabilities. See Utah Code 26B-6-401
  • Drug: means :
                   (1)(r)(i)(A) a substance recognized in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
                   (1)(r)(i)(B) a substance that is required by any applicable federal or state law or rule to be dispensed by prescription only or is restricted to administration by practitioners only;
                   (1)(r)(i)(C) a substance other than food intended to affect the structure or any function of the body of humans or other animals; and
                   (1)(r)(i)(D) substances intended for use as a component of any substance specified in Subsections (1)(r)(i)(A), (B), and (C). See Utah Code 58-37-2
  • Drug paraphernalia: includes :
         (2)(a) kits used, or intended for use, in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived;
         (2)(b) kits used, or intended for use, in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;
         (2)(c) isomerization devices used, or intended for use, to increase the potency of any species of plant which is a controlled substance;
         (2)(d) except as provided in Subsection (3), testing equipment used, or intended for use, to identify or to analyze the strength, effectiveness, or purity of a controlled substance;
         (2)(e) scales and balances used, or intended for use, in weighing or measuring a controlled substance;
         (2)(f) diluents and adulterants, such as quinine hydrochloride, mannitol, mannited, dextrose and lactose, used, or intended for use to cut a controlled substance;
         (2)(g) separation gins and sifters used, or intended for use to remove twigs, seeds, or other impurities from marihuana;
         (2)(h) blenders, bowls, containers, spoons and mixing devices used, or intended for use to compound a controlled substance;
         (2)(i) capsules, balloons, envelopes, and other containers used, or intended for use to package small quantities of a controlled substance;
         (2)(j) containers and other objects used, or intended for use to store or conceal a controlled substance;
         (2)(k) hypodermic syringes, needles, and other objects used, or intended for use to parenterally inject a controlled substance into the human body, except as provided in Section 58-37a-5; and
         (2)(l) objects used, or intended for use to ingest, inhale, or otherwise introduce a controlled substance into the human body, including but not limited to:
              (2)(l)(i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
              (2)(l)(ii) water pipes;
              (2)(l)(iii) carburetion tubes and devices;
              (2)(l)(iv) smoking and carburetion masks;
              (2)(l)(v) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
              (2)(l)(vi) miniature cocaine spoons and cocaine vials;
              (2)(l)(vii) chamber pipes;
              (2)(l)(viii) carburetor pipes;
              (2)(l)(ix) electric pipes;
              (2)(l)(x) air-driven pipes;
              (2)(l)(xi) chillums;
              (2)(l)(xii) bongs; and
              (2)(l)(xiii) ice pipes or chillers. See Utah Code 58-37a-3
  • Elder adult: means an individual 65 years old or older. See Utah Code 26B-6-201
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Emergency: means a circumstance in which a vulnerable adult is at an immediate risk of death, serious physical injury, or serious physical, emotional, or financial harm. See Utah Code 26B-6-201
  • Emergency protective services: means measures taken by Adult Protective Services under time-limited, court-ordered authority for the purpose of remediating an emergency. See Utah Code 26B-6-201
  • Emotional or psychological abuse: includes intimidating, threatening, isolating, coercing, or harassing. See Utah Code 26B-6-201
  • Employee: means a person who is not an elected or appointed officer and who is employed on a full- or part-time basis by a political subdivision. See Utah Code 11-57-102
  • Enclosed mobile business: means a business that maintains ongoing mobility and of which the receipt of goods or services offered and point of sales occurs within an enclosed vehicle, an enclosed trailer, or an enclosed mobile structure. See Utah Code 11-56-102
  • End user: means the person who uses a telecommunications service. See Utah Code 10-1-402
  • Energy supplier: means a person supplying taxable energy, except that the commission may by rule exclude from this definition a person supplying a de minimis amount of taxable energy. See Utah Code 10-1-303
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Estate: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
  • Event permit: means a permit that a political subdivision issues to the organizer of a mobile business event located on public property. See Utah Code 11-56-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Excess repurchase amount: means the difference between:
         (2)(a) the amount a buyback purchaser pays to a local government entity to purchase a procurement item that the buyback purchaser previously sold to the local government entity; and
         (2)(b) the amount the local government entity paid to the buyback purchaser to purchase the procurement item. See Utah Code 11-54-102
  • Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
  • Executive director: means the executive director of the Department of Commerce. See Utah Code 58-1-102
  • Exploitation: means an offense described in Section Utah Code 26B-6-201
  • Facilities division: means the Division of Facilities Construction and Management, created in Section 63A-5b-301. See Utah Code 11-59-102
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal agency: means the United States Bureau of Land Management, the United States Forest Service, the United States Fish and Wildlife Service, or the National Park Service. See Utah Code 11-51-102
  • Federal agency: means the:
         (4)(a) United States Bureau of Land Management;
         (4)(b) United States Forest Service;
         (4)(c) United States Fish and Wildlife Service; or
         (4)(d) National Park Service. See Utah Code 11-51a-102
  • Federal receipts: means the federal financial assistance, as defined in Utah Code 11-52-102
  • Federally managed land: means land that is managed by the United States Bureau of Land Management, the United States Forest Service, or the National Park Service. See Utah Code 11-51-102
  • Federally managed land: means land that is managed by a federal agency. See Utah Code 11-51a-102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Food: means :
              (1)(t)(i) any nutrient or substance of plant, mineral, or animal origin other than a drug as specified in this chapter, and normally ingested by human beings; and
              (1)(t)(ii) foods for special dietary uses as exist by reason of a physical, physiological, pathological, or other condition including but not limited to the conditions of disease, convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and overweight; uses for supplying a particular dietary need which exist by reason of age including but not limited to the ages of infancy and childbirth, and also uses for supplementing and for fortifying the ordinary or unusual diet with any vitamin, mineral, or other dietary property for use of a food. See Utah Code 58-37-2
  • Food cart: means a cart:
              (3)(a)(i) that is not motorized; and
              (3)(a)(ii) that a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve food or beverages for immediate human consumption. See Utah Code 11-56-102
  • Food truck: means a fully encased food service establishment:
              (4)(a)(i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport; and
              (4)(a)(ii) from which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption. See Utah Code 11-56-102
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Franchise agreement: means a franchise or an ordinance, contract, or agreement granting a franchise. See Utah Code 10-1-303
  • Franchise tax: means :
         (8)(a) a franchise tax;
         (8)(b) a tax similar to a franchise tax; or
         (8)(c) any combination of Subsections (8)(a) and (b). See Utah Code 10-1-303
  • Fraud: Intentional deception resulting in injury to another.
  • General differential: means property tax differential generated by a property tax levied:
         (1)(a) on property that is not part of the authority jurisdictional land or within a remediation project area; and
         (1)(b) by all taxing entities. See Utah Code 11-58-600.5
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
  • Governing body: means :
         (4)(a) for a county, city, or town, the legislative body of the county, city, or town;
         (4)(b) for a special district, the board of trustees of the special district;
         (4)(c) for a school district, the local board of education; or
         (4)(d) for a special service district under Title 17D, Chapter 1, Special Service District Act:
              (4)(d)(i) the governing body of the county or municipality that created the special service district, if no administrative control board has been established under Section 17D-1-301; or
              (4)(d)(ii) the administrative control board, if one has been established under Section 17D-1-301. See Utah Code 11-50-102
  • Gross receipts from telecommunications service: includes a charge necessary to complete a sale of a telecommunications service. See Utah Code 10-1-402
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
  • Guardian: includes a person who:
         (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
         (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
  • Harm: means pain, mental anguish, emotional distress, hurt, physical or psychological damage, physical injury, serious physical injury, suffering, or distress inflicted knowingly or intentionally. See Utah Code 26B-6-201
  • Health department permit: means a document that a local health department issues to authorize a mobile business to operate within the jurisdiction of the local health department. See Utah Code 11-56-102
  • high risk adult: means a person 18 years old or older who experiences a condition:
         (1)(a) that places the person at a high risk of being unable to care for themselves:
              (1)(a)(i) as determined by assessment; and
              (1)(a)(ii) due to the onset of a physical or cognitive impairment or frailty; and
         (1)(b) for which the person is not eligible to receive services under:
  • Highway: includes :
         (15)(a) a public bridge;
         (15)(b) a county way;
         (15)(c) a county road;
         (15)(d) a common road; and
         (15)(e) a state road. See Utah Code 68-3-12.5
  • Ice cream truck: means a fully encased food service establishment:
              (6)(a)(i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport;
              (6)(a)(ii) from which a vendor, from within the frame of the vehicle, serves ice cream;
              (6)(a)(iii) that attracts patrons by traveling through a residential area and signaling the truck's presence in the area, including by playing music; and
              (6)(a)(iv) that may stop to serve ice cream at the signal of a patron. See Utah Code 11-56-102
  • Imitation controlled substance: means a substance designed or packaged to substantially resemble any legally or illegally manufactured controlled substance, but that is not:
         (3)(a) a controlled substance; or
         (3)(b) represented to be any legally or illegally manufactured controlled substance under Subsection 58-37-2(1)(i)(ii). See Utah Code 58-37b-2
  • Immediate precursor: means a substance which the Attorney General of the United States has found to be, and by regulation designated as being, the principal compound used or produced primarily for use in the manufacture of a controlled substance, or which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance. See Utah Code 58-37-2
  • Incapacitated: means a person who has been determined by a court, pursuant to Section 75-5-303, to be incapacitated, as defined in Section 75-1-201, after the office has determined that the person is 18 years of age or older and suffers from a mental or physical impairment as part of the prepetition assessment in Section 26B-6-305. See Utah Code 26B-6-301
  • Inconclusive: means a finding by the division that there is not a reasonable basis to conclude that abuse, neglect, or exploitation occurred. See Utah Code 26B-6-201
  • Indian: means a member of an Indian tribe. See Utah Code 58-37-2
  • Indian religion: means any religion:
              (1)(w)(i) the origin and interpretation of which is from within a traditional Indian culture or community; and
              (1)(w)(ii) which is practiced by Indians. See Utah Code 58-37-2
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inland port: means one or more sites that:
         (10)(a) contain multimodal facilities, intermodal facilities, or other facilities that:
              (10)(a)(i) are related but may be separately owned and managed; and
              (10)(a)(ii) together are intended to:
                   (10)(a)(ii)(A) allow global trade to be processed and altered by value-added services as goods move through the supply chain;
                   (10)(a)(ii)(B) provide a regional merging point for transportation modes for the distribution of goods to and from ports and other locations in other regions;
                   (10)(a)(ii)(C) provide cargo-handling services to allow freight consolidation and distribution, temporary storage, customs clearance, and connection between transport modes; and
                   (10)(a)(ii)(D) provide international logistics and distribution services, including freight forwarding, customs brokerage, integrated logistics, and information systems; and
         (10)(b) may include a satellite customs clearance terminal, an intermodal facility, a customs pre-clearance for international trade, or other facilities that facilitate, encourage, and enhance regional, national, and international trade. See Utah Code 11-58-102
  • Inland port use: means a use of land:
         (11)(a) for an inland port;
         (11)(b) that directly implements or furthers the purposes of an inland port, as stated in Subsection (10);
         (11)(c) that complements or supports the purposes of an inland port, as stated in Subsection (10); or
         (11)(d) that depends upon the presence of the inland port for the viability of the use. See Utah Code 11-58-102
  • Intellectual disability: means a significant, subaverage general intellectual functioning that:
         (16)(a) exists concurrently with deficits in adaptive behavior; and
         (16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intermediate care facility for people with an intellectual disability: means an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social Security Act. See Utah Code 68-3-12.5
  • Intermodal facility: means a facility for transferring containerized cargo between rail, truck, air, or other transportation modes. See Utah Code 11-58-102
  • Isolation: means knowingly or intentionally preventing a vulnerable adult from having contact with another person, unless the restriction of personal rights is authorized by court order, by:
              (20)(a)(i) preventing the vulnerable adult from communicating, visiting, interacting, or initiating interaction with others, including receiving or inviting visitors, mail, or telephone calls, contrary to the expressed wishes of the vulnerable adult, or communicating to a visitor that the vulnerable adult is not present or does not want to meet with or talk to the visitor, knowing that communication to be false;
              (20)(a)(ii) physically restraining the vulnerable adult in order to prevent the vulnerable adult from meeting with a visitor; or
              (20)(a)(iii) making false or misleading statements to the vulnerable adult in order to induce the vulnerable adult to refuse to receive communication from visitors or other family members. See Utah Code 26B-6-201
  • Lacks capacity to consent: is a s defined in Section Utah Code 26B-6-201
  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Landfill material: means garbage, waste, debris, or other materials disposed of or placed in a landfill. See Utah Code 11-58-102
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lessor: means a person who regularly provides the use of property through rental purchase agreements and to whom rental payments are initially payable on the face of a rental purchase agreement. See Utah Code 15-8-3
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local government entity: means a county, city, town, special district, special service district, community reinvestment agency, conservation district, or school district that is not subject to Title 63G, Chapter 6a, Utah Procurement Code. See Utah Code 11-54-102
  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 11-56-102
  • Local mental health authority: means a county legislative body. See Utah Code 26B-5-101
  • Man: means an adult human male. See Utah Code 68-3-12.5
  • Manufacture: means the production, preparation, propagation, compounding, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. See Utah Code 58-37-2
  • Manufacture: means the production, preparation, compounding, processing, encapsulating, tableting, packaging or repackaging, labeling or relabeling, of an imitation controlled substance. See Utah Code 58-37b-2
  • Manufacturer: includes any person who packages, repackages, or labels any container of any controlled substance, except pharmacists who dispense or compound prescription orders for delivery to the ultimate consumer. See Utah Code 58-37-2
  • Marijuana: means all species of the genus cannabis and all parts of the genus, whether growing or not, including:
                   (1)(aa)(i)(A) seeds;
                   (1)(aa)(i)(B) resin extracted from any part of the plant, including the resin extracted from the mature stalks;
                   (1)(aa)(i)(C) every compound, manufacture, salt, derivative, mixture, or preparation of the plant, seeds, or resin;
                   (1)(aa)(i)(D) any synthetic equivalents of the substances contained in the plant cannabis sativa or any other species of the genus cannabis which are chemically indistinguishable and pharmacologically active; and
                   (1)(aa)(i)(E) any component part or cannabinoid extracted or isolated from the plant, including extracted or isolated tetrahydrocannabinols. See Utah Code 58-37-2
  • Master plan: means the Utah Behavioral Health Assessment and Master Plan. See Utah Code 26B-5-701
  • MCOT: means a mobile team of medical and mental health professionals that, in coordination with local law enforcement and emergency medical service personnel, provides mental health crisis services. See Utah Code 26B-5-101
  • Mental disorder: means the same as that term is defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 26B-5-701
  • Mental health crisis: means :
         (6)(a) a mental health condition that manifests in an individual by symptoms of sufficient severity that a prudent layperson who possesses an average knowledge of mental health issues could reasonably expect the absence of immediate attention or intervention to result in:
              (6)(a)(i) serious danger to the individual's health or well-being; or
              (6)(a)(ii) a danger to the health or well-being of others; or
         (6)(b) a mental health condition that, in the opinion of a mental health therapist or the therapist's designee, requires direct professional observation or intervention. See Utah Code 26B-5-101
  • Mental health crisis services: means an array of services provided to an individual who experiences a mental health crisis, which may include:
         (8)(a) direct mental health services;
         (8)(b) on-site intervention provided by a mobile crisis outreach team;
         (8)(c) the provision of safety and care plans;
         (8)(d) prolonged mental health services for up to 90 days after the day on which an individual experiences a mental health crisis;
         (8)(e) referrals to other community resources;
         (8)(f) local mental health crisis lines; and
         (8)(g) the statewide mental health crisis line. See Utah Code 26B-5-101
  • Mental health therapist: means the same as that term is defined in Section 58-60-102. See Utah Code 26B-5-601
  • Mental illness: means the same as that term is defined in Section 26B-5-301. See Utah Code 26B-5-601
  • Minority leader: See Floor Leaders
  • Mobile business: means an enclosed mobile business, a food cart, a food truck, or an ice cream truck. See Utah Code 11-56-102
  • Mobile business event: means an event at which a mobile business has been invited by the event organizer to offer the mobile business's goods or services at a private or public gathering. See Utah Code 11-56-102
  • Mobile telecommunications service: is a s defined in the Mobile Telecommunications Sourcing Act, Utah Code 10-1-402
  • Money: means officially issued coin and currency of the United States or any foreign country. See Utah Code 58-37-2
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means a city or town. See Utah Code 11-48-101.5
  • Municipality: means the same as that term is defined in Section 10-1-104. See Utah Code 11-55-102
  • Municipality: means :
         (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
         (5)(b) a town, as classified in Section 10-2-301; or
         (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
  • Municipality: means a city or town. See Utah Code 10-1-303
  • Municipality: means a city or town. See Utah Code 10-1-402
  • Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
              (1)(cc)(i) opium, coca leaves, and opiates;
              (1)(cc)(ii) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates;
              (1)(cc)(iii) opium poppy and poppy straw; or
              (1)(cc)(iv) a substance, and any compound, manufacture, salt, derivative, or preparation of the substance, which is chemically identical with any of the substances referred to in Subsection (1)(cc)(i), (ii), or (iii), except narcotic drug does not include decocainized coca leaves or extracts of coca leaves which do not contain cocaine or ecgonine. See Utah Code 58-37-2
  • National monument: means a national monument designated or declared in accordance with the Antiquities Act of 1906, Utah Code 11-51-102
  • National recreation area: means a recreation area designated by an act of Congress. See Utah Code 11-51-102
  • Neglect: means :
              (22)(a)(i)
                   (22)(a)(i)(A) failure of a caretaker to provide necessary care, including nutrition, clothing, shelter, supervision, personal care, or dental, medical, or other health care for a vulnerable adult, unless the vulnerable adult is able to provide or obtain the necessary care without assistance; or
                   (22)(a)(i)(B) failure of a caretaker to provide protection from health and safety hazards or maltreatment;
              (22)(a)(ii) failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise;
              (22)(a)(iii) a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being;
              (22)(a)(iv) knowing or intentional failure by a caretaker to carry out a prescribed treatment plan that causes or is likely to cause harm to the vulnerable adult;
              (22)(a)(v) self-neglect by the vulnerable adult; or
              (22)(a)(vi) abandonment by a caretaker. See Utah Code 26B-6-201
  • New correctional facility: means the state correctional facility being developed in Salt Lake City to replace the state correctional facility in Draper. See Utah Code 11-59-102
  • Nonmunicipal differential: means property tax differential generated from a property tax imposed:
         (2)(a) on property that is part of the authority jurisdictional land; and
         (2)(b) by all taxing entities other than the primary municipality. See Utah Code 11-58-600.5
  • Nonvoting member: means an individual appointed as a member of the board under Subsection 11-58-302(3) who does not have the power to vote on matters of authority business. See Utah Code 11-58-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means the Office of Substance Use and Mental Health created in Section 26B-5-102. See Utah Code 26B-5-101
  • Office: means the Office of Public Guardian. See Utah Code 26B-6-301
  • Officer: means a person who is elected or appointed to an office or position within a political subdivision. See Utah Code 11-57-102
  • Operator: means a person, including a vendor, who owns, manages, controls, or operates a mobile business. See Utah Code 11-56-102
  • Opiate: means any drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Utah Code 58-37-2
  • Opium poppy: means the plant of the species papaver somniferum L. See Utah Code 58-37-2
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any corporation, association, partnership, trust, other institution or entity or one or more individuals. See Utah Code 58-37-2
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Person: means an individual, an entity, or a representative of an entity. See Utah Code 11-46-102
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Personal care attendant: means a person who:
         (9)(a) is selected by:
              (9)(a)(i) an aged person;
              (9)(a)(ii) an agent of an aged person;
              (9)(a)(iii) a high risk adult; or
              (9)(a)(iv) an agent of a high risk adult; and
         (9)(b) provides personal services to the:
              (9)(b)(i) aged person described in Subsection (9)(a)(i); or
              (9)(b)(ii) high risk adult described in Subsection (9)(a)(iii). See Utah Code 26B-6-101
  • Personal property: All property that is not real property.
  • Personal property: includes :
         (25)(a) money;
         (25)(b) goods;
         (25)(c) chattels;
         (25)(d) effects;
         (25)(e) evidences of a right in action;
         (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
         (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
  • Personal services: means nonmedical care and support, including assisting a person with:
         (10)(a) meal preparation;
         (10)(b) eating;
         (10)(c) bathing;
         (10)(d) dressing;
         (10)(e) personal hygiene; or
         (10)(f) daily living activities. See Utah Code 26B-6-101
  • Personal use expenditure: means an expenditure made without the authority of law that:
              (3)(a)(i) is not directly related to the performance of an activity as an officer or employee of a political subdivision;
              (3)(a)(ii) primarily furthers a personal interest of an officer or employee of a political subdivision or the family, a friend, or an associate of an officer or employee of a political subdivision; and
              (3)(a)(iii) would constitute taxable income under federal law. See Utah Code 11-57-102
  • Physical disability: means a medically determinable physical impairment that has resulted in the functional loss of two or more of a person's limbs. See Utah Code 26B-6-401
  • Physical injury: includes the damage and conditions described in Section 76-5-111. See Utah Code 26B-6-201
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Planning and service area: means a geographical area of the state designated by the division for purposes of planning, development, delivery, and overall administration of services for the aged or high risk adults. See Utah Code 26B-6-101
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Point of the mountain state land: means :
         (6)(a) the approximately 700 acres of state-owned land in Draper, including land used for the operation of a state correctional facility until completion of the new correctional facility and state-owned land in the vicinity of the current state correctional facility; and
         (6)(b) any land, in addition to the land described in Subsection (6)(a), that:
              (6)(b)(i) the state acquires; and
              (6)(b)(ii) is contiguous to the land described in Subsection (6)(a). See Utah Code 11-59-102
  • Political subdivision: means :
         (4)(a) a city or town; or
         (4)(b) a county, as it relates to the licensing and regulation of an animal enterprise or working animal in the unincorporated area of the county. See Utah Code 11-46a-101
  • Political subdivision: means a county, city, town, special district, or special service district. See Utah Code 11-48-101.5
  • Political subdivision: means a municipality or county. See Utah Code 11-51-102
  • Political subdivision: means :
         (2)(a) a county, as defined in Section 17-50-101;
         (2)(b) a municipality, as defined in Section 10-1-104;
         (2)(c) a special district, as defined in Section 17B-1-102;
         (2)(d) a special service district, as defined in Section 17D-1-102;
         (2)(e) an interlocal entity, as defined in Section 11-13-103;
         (2)(f) a community reinvestment agency created under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act;
         (2)(g) a local building authority, as defined in Section 17D-2-102; or
         (2)(h) a conservation district, as defined in Section 17D-3-102. See Utah Code 11-52-102
  • Political subdivision: means a county, municipality, school district, limited purpose local government entity described in Title 17B, Limited Purpose Local Government Entities - Special Districts, Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act, or Title 17D, Limited Purpose Local Government Entities - Other Entities, or an entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental subdivision or public corporation. See Utah Code 11-55-102
  • Political subdivision: means :
         (11)(a) a city or town; or
         (11)(b) a county, as it relates to the licensing and regulation of businesses in the unincorporated area of the county. See Utah Code 11-56-102
  • Political subdivision: means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, special district, special service district, entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation. See Utah Code 11-57-102
  • Political subdivision: means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, special district, special service district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation. See Utah Code 11-50-102
  • Political subdivision: means a municipality or county. See Utah Code 11-51a-102
  • Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Utah Code 58-37-2
  • Practitioner: means a physician, dentist, naturopathic physician, veterinarian, pharmacist, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. See Utah Code 58-37-2
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Prescribe: means to issue a prescription:
              (1)(kk)(i) orally or in writing; or
              (1)(kk)(ii) by telephone, facsimile transmission, computer, or other electronic means of communication as defined by division rule. See Utah Code 58-37-2
  • Prescription: means an order issued:
              (1)(ll)(i) by a licensed practitioner, in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement; and
              (1)(ll)(ii) for a controlled substance or other prescription drug or device for use by a patient or an animal. See Utah Code 58-37-2
  • Primary municipality: means the municipality that has more authority jurisdictional land within the municipality's boundary than is included within the boundary of any other municipality. See Utah Code 11-58-600.5
  • Primary municipality differential: means property tax differential generated by a property tax levied:
         (4)(a) on property in the reduced area; and
         (4)(b) by the primary municipality. See Utah Code 11-58-600.5
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Procurement item: means the same as that term is defined in Section 63G-6a-103. See Utah Code 11-54-102
  • Production: means the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Utah Code 58-37-2
  • Project area: means :
         (16)(a) the authority jurisdictional land, subject to Section 11-58-605; or
         (16)(b) land outside the authority jurisdictional land, whether consisting of a single contiguous area or multiple noncontiguous areas, described in a project area plan or draft project area plan, where the development project set forth in the project area plan or draft project area plan takes place or is proposed to take place. See Utah Code 11-58-102
  • Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to the project area. See Utah Code 11-58-102
  • Project area plan: means a written plan that, after its effective date, guides and controls the development within a project area. See Utah Code 11-58-102
  • Property: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
  • Property tax: includes a privilege tax and each levy on an ad valorem basis on tangible or intangible personal or real property. See Utah Code 11-58-102
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protective services: means services to protect a vulnerable adult from abuse, neglect, or exploitation. See Utah Code 26B-6-201
  • Psychiatrist: means an individual who:
         (8)(b) is board eligible for a psychiatry specialization recognized by the American Board of Medical Specialists or the American Osteopathic Association's Bureau of Osteopathic Specialists. See Utah Code 26B-5-601
  • Public entity: means :
         (21)(a) the state, including each department, division, or other agency of the state; or
         (21)(b) a county, city, town, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state, including the authority. See Utah Code 11-58-102
  • Public entity: means :
         (7)(a) the state, including each department, division, or other agency of the state; or
         (7)(b) a county, city, town, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state, including the authority. See Utah Code 11-59-102
  • Public funds: means the same as that term is defined in Section 51-7-3. See Utah Code 11-57-102
  • Public funds: includes :
              (12)(b)(i) Medicaid funds; and
              (12)(b)(ii) Medicaid waiver funds. See Utah Code 26B-6-101
  • Public infrastructure and improvements: includes :
              (22)(b)(i) facilities, lines, or systems that provide:
                   (22)(b)(i)(A) water, chilled water, or steam; or
                   (22)(b)(i)(B) sewer, storm drainage, natural gas, electricity, energy storage, clean energy, microgrids, or telecommunications service;
              (22)(b)(ii) streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking facilities, rail lines, intermodal facilities, multimodal facilities, and public transportation facilities;
              (22)(b)(iii) an inland port; and
              (22)(b)(iv) infrastructure, improvements, facilities, or buildings that are developed as part of a remediation project. See Utah Code 11-58-102
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: includes :
         (31)(a) land;
         (31)(b) a tenement;
         (31)(c) a hereditament;
         (31)(d) a water right;
         (31)(e) a possessory right; and
         (31)(f) a claim. See Utah Code 68-3-12.5
  • Reduced area: means the authority jurisdictional land that is within a primary municipality, excluding:
         (6)(a) an area described in Subsection 11-58-600. See Utah Code 11-58-600.5
  • Remediation: includes :
         (23)(a) activities for the cleanup, rehabilitation, and development of contaminated land; and
         (23)(b) acquiring an interest in land within a remediation project area. See Utah Code 11-58-102
  • Remediation differential: means property tax differential generated from a remediation project area. See Utah Code 11-58-102
  • Remediation project: means a project for the remediation of contaminated land that:
         (25)(a) is owned by:
              (25)(a)(i) the state or a department, division, or other instrumentality of the state;
              (25)(a)(ii) an independent entity, as defined in Section 63E-1-102; or
              (25)(a)(iii) a political subdivision of the state; and
         (25)(b) became contaminated land before the owner described in Subsection (24)(a) obtained ownership of the land. See Utah Code 11-58-102
  • Remediation project area: means a project area consisting of contaminated land that is or is expected to become the subject of a remediation project. See Utah Code 11-58-102
  • Rental purchase agreement: means an agreement for the use of personal property by a natural person primarily for personal, family, or household purposes for an initial period of four months or less that is automatically renewable with each payment after the initial period, but which does not obligate or require the consumer to continue renting or using the property beyond the initial period, and that permits the consumer to become the owner of the property. See Utah Code 15-8-3
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Road: includes :
         (33)(a) a public bridge;
         (33)(b) a county way;
         (33)(c) a county road;
         (33)(d) a common road; and
         (33)(e) a state road. See Utah Code 68-3-12.5
  • Self-neglect: means the failure of a vulnerable adult to provide or obtain food, water, medication, health care, shelter, cooling, heating, safety, or other services necessary to maintain the vulnerable adult's well being when that failure is the result of the adult's mental or physical impairment. See Utah Code 26B-6-201
  • Serious physical injury: is a s defined in Section 76-5-111. See Utah Code 26B-6-201
  • service address: means :
         (8)(a) if the location described in this Subsection (8)(a) is known, the location of the telecommunications equipment:
              (8)(a)(i) to which a call is charged; and
              (8)(a)(ii) from which the call originates or terminates;
         (8)(b) if the location described in Subsection (8)(a) is not known but the location described in this Subsection (8)(b) is known, the location of the origination point of the signal of the telecommunications service first identified by:
              (8)(b)(i) the telecommunications system of the telecommunications provider; or
              (8)(b)(ii) if the system used to transport the signal is not a system of the telecommunications provider, information received by the telecommunications provider from its service provider; or
         (8)(c) if the locations described in Subsection (8)(a) or (b) are not known, the location of a customer's place of primary use. See Utah Code 10-1-402
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 11-58-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Stabilization services: means in-home services provided to a child with, or who is at risk for, complex emotional and behavioral needs, including teaching the child's parent or guardian skills to improve family functioning. See Utah Code 26B-5-101
  • State: means the state of Utah. See Utah Code 58-37-2
  • Statewide mental health crisis line: means the same as that term is defined in Section 26B-5-610. See Utah Code 26B-5-101
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Substance use disorder: means the same as that term is defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 26B-5-501
  • Substance use disorder: means the same as that term is defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 26B-5-701
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supported: means a finding by the division that there is a reasonable basis to conclude that abuse, neglect, or exploitation occurred. See Utah Code 26B-6-201
  • Sustainability fund: means the Utah State Developmental Center Long-Term Sustainability Fund created in Section 26B-1-331. See Utah Code 26B-6-401
  • Taxable value: means the value of property as shown on the last equalized assessment roll. See Utah Code 11-58-102
  • telecommunications provider: means a person that:
              (9)(a)(i) owns, controls, operates, or manages a telecommunications service; or
              (9)(a)(ii) engages in an activity described in Subsection (9)(a)(i) for the shared use with or resale to any person of the telecommunications service. See Utah Code 10-1-402
  • Telecommunications service: means :
         (10)(a) telecommunications service, as defined in Section 59-12-102, other than mobile telecommunications service, that originates and terminates within the boundaries of this state;
         (10)(b) mobile telecommunications service, as defined in Section 59-12-102:
              (10)(b)(i) that originates and terminates within the boundaries of one state; and
              (10)(b)(ii) only to the extent permitted by the Mobile Telecommunications Sourcing Act, Utah Code 10-1-402
  • telecommunications tax or fee: means any of the following imposed by a municipality on a telecommunications provider:
              (11)(a)(i) a tax;
              (11)(a)(ii) a license;
              (11)(a)(iii) a fee;
              (11)(a)(iv) a license fee;
              (11)(a)(v) a license tax;
              (11)(a)(vi) a franchise fee; or
              (11)(a)(vii) a charge similar to a tax, license, or fee described in Subsections (11)(a)(i) through (vi). See Utah Code 10-1-402
  • Temporary mass gathering: means :
              (12)(a)(i) an actual or reasonably anticipated assembly of 500 or more people that continues, or reasonably can be expected to continue, for two or more hours per day; or
              (12)(a)(ii) an event that requires a more extensive review to protect public health and safety because the event's nature or conditions have the potential of generating environmental or health risks. See Utah Code 11-56-102
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Ultimate user: means any person who lawfully possesses a controlled substance for the person's own use, for the use of a member of the person's household, or for administration to an animal owned by the person or a member of the person's household. See Utah Code 58-37-2
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Unlawful conduct: means the same as that term is defined in Subsection 58-1-501(1). See Utah Code 58-1-102
  • use: means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of controlled substances and includes individual, joint, or group possession or use of controlled substances. See Utah Code 58-37-2
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
         (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
         (42)(b)
              (42)(b)(i) after the day described in Subsection (42)(a); and
              (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veteran: means an individual who:
              (44)(a)(i) has served in the United States Armed Forces for at least 180 days:
                   (44)(a)(i)(A) on active duty; or
                   (44)(a)(i)(B) in a reserve component, to include the National Guard; or
              (44)(a)(ii) has incurred an actual service-related injury or disability while in the United States Armed Forces regardless of whether the individual completed 180 days; and
              (44)(a)(iii) was separated or retired under conditions characterized as honorable or general. See Utah Code 68-3-12.5
  • Voting member: means an individual appointed or designated as a member of the board under Subsection 11-58-302(2). See Utah Code 11-58-102
  • Vulnerable adult: means an elder adult, or a dependent adult who has a mental or physical impairment which substantially affects that person's ability to:
         (30)(a) provide personal protection;
         (30)(b) provide necessities such as food, shelter, clothing, or mental or other health care;
         (30)(c) obtain services necessary for health, safety, or welfare;
         (30)(d) carry out the activities of daily living;
         (30)(e) manage the adult's own financial resources; or
         (30)(f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-6-201
  • Ward: means an incapacitated person for whom the office has been appointed as guardian or conservator. See Utah Code 26B-6-301
  • Without merit: means a finding that abuse, neglect, or exploitation did not occur. See Utah Code 26B-6-201
  • Working animal: means an animal used for performing a specific duty or function in commerce, including an animal used for entertainment, herding, transportation, education, or exhibition. See Utah Code 11-46a-101
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5